law531 week 4 cas analysis

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Week Four Learning Team Case Analysis

Faragher v. City of Boca Raton (1998)

In the case Faragher v. City of Boca Raton (1998) the Supreme Court made it clear employers are subject to liability for unlawful harassment by supervisors. The Court determined that an employer is always liable for a supervisor's harassment if it is related to an employment action. The employer can avoid liability by exercising reasonable care to prevent and correct any harassing behavior and if the employee fails to take any preventive or corrective opportunities provided by the employer or to avoid harm (The U.S. Equal Employment Opportunity Commission, 1999).

Beth Ann Faragher worked for the city of Boca Raton between 1985 and 1990 as a Lifeguard. The organizational hierarchy for the Marine Safety Section of the Parks and Recreation It was during her employment tenure that occurrences of a “sexually hostile atmosphere” as well as “uninvited and offensive touching,” transpired (Supreme Court, 1998). It was two years after her departure from the Parks and Recreation Department that an action was submitted claiming sexual harassment and violating Title VII of the Civil Rights Act.

The court decided not to hold the city liable in this case because the supervisors where acting outside of the scope of their employment and only to further their own personal actions. Even though Faragher and other female employees went to a supervisor to report the violations, he never reported the violations to his superiors, so the city was never aware of any of the violations.

This case and others like it have affected businesses awareness over the years. Companies have taken sexual harassment in the workplace as a zero tolerance policy. In the case that the harassment does not affect the company it does affect employees and the work environment which can affect employee productivity. Problems that can arise from sexual harassment in the workplace are if the person...
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